Thanks to the free institutions it would destroy, the Communist Party of the U.S. has survived all efforts to legislate it and prosecute it to death. Last week the Supreme Court gave the party another energizing whiff of legal oxygen.
In a unanimous decision, the court prohibited the Government from compelling individual party members to register with the Government as stipulated by the Subversive Activities Control (McCarran) Act of 1950. "In an area permeated with criminal statutes," maintained Justice William J. Brennan Jr.'s opinion, by the 1950 law the party member would be...